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Legislasi Hukum (Parliament Made Law) dengan Pendekatan Fiqh Nawawi Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 1 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i1.98

Abstract

Law made by parliament is not value-free or neutral, because of political configuration in that process. Dominant party that has the power of authority becomes the winner in trade-offs of various concerns. At the result of that product made by parliament does not reflect the real case and the public concerns. If the political configuration tends to be authoritarian, it will generate a conservative law and orthodox law, but if the political configuration tends to be democratic, it will generate a responsive law and autonomous law. In order to accommodate all the public behavior and fair society, it should meet at least three criteria. First, limitative in very detailed which there is no interpretation in authorities profitable. Second, participatory in the process of establishment contains the aspirations and interests of the grass root. Third, aspirational-democratic in the legal materials accomodate the aspirations of the people in order to apply democracy. The function of the law as a political tool can be understood that the system of law in Indonesia, acts is a product of the Indonesian Legislative Assembly and Indonesian government so that very difficult to separate between law and politics. It is directly related to the state.
Tinjauan Istihsan terhadap Bai’ Al-Wafa’ dan Implikasi Konsistensi Bermadzhab di Baitul Maal Wa Tamwil Sidogiri Cabang Bondowoso Ubaidillah Ubaidillah; Nawawi Nawawi
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol. 1 No. 2 (2017)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/istidlal.v1i2.103

Abstract

The birth of the first Syaria Bank in Indonesia is PT Bank Muamalat Indonesia (BMI). However, lately many emerging syaria-based financial institutions other, cultivated syaria cooperative in the form of BMT. While the legal basis bai 'al-wafa' according Hanafi’s madhhab is istihsan. Istihsan is the turning of a mujtahid from qiyas street jaly (real) to qiyas the khafi (vague) or the turning of a mujtahid from law kulli (general) to the law istitsna`i. The result of the research shows the bai 'al-wafa agreement in BMT Sidogiri Bondowoso Branch is in accordance with the existing syariat in syaria economic theory. because it has fulfilled the terms and conditions, there are many differences among the ulama. But it can be underlined that this contract is based on the concept of mature istihsan, so it can be applied in Islamic finance institutions and the implications of consistent following this madhab is very good because it does not come out of the line Ahlussunnah Wal jama'ah which became a pillar firm for the Islamic religion.
Codes Switching and Codes Mixing of Sellers and Buyers in Traditional Markets: Case Study of Market Kampong Asembagus Situbondo Muta’allim; Nawawi; Fahmi Reza Alfani; Abdul Azizul Ghaffar; Ali Wafi
RETORIKA: Jurnal Ilmu Bahasa Vol. 7 No. 2 (2021)
Publisher : Program Studi Magister Ilmu Linguistik Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/jr.7.2.2021.121-129

Abstract

The process of buying and selling communication in Asembagus Traditional Market often experiences language contact because the sellers and buyers come from several ethnicities who have different languages ​​and cultures. This study aims to determine the form of code-switching and code-mixing speech between sellers and buyers in Asembagus Market, Situbondo. The method used in data collection is the engaging listening method with the technique of recording, taking notes, interviews and descriptive qualitative approaches. The results showed that there were 12 forms of code switching speech and 10 speech code mixtures between sellers and buyers at Asembagus Situbondo Market Kampong. Master more than one language and speakers try to build an atmosphere of speech with mixed languages, while the functions of code-switching and code-mixing speech used by sellers and buyers at Pasar Kampong are to adjust the social context and to smooth and build the communication process of bargaining, transactions, and interactions.